Bethany Marina Townhouses Phase Ii v. Bmig, LLC

Summary

The Court affirmed that BMIG could develop the eleven undeveloped parcels outside the condominium regime, that the related development easement remained effective, and that BMIG was responsible for future boat-slip assessments and collection-related costs. It reversed the ruling that BMIG owned five condominium features because several were constructed on land previously submitted to the condominium, while the ownership status of the pumping station and pump house depended on conflicting plan notations. The Court also held that the Superior Court properly exercised subject matter jurisdiction over the Association's legal contract claims.